NCDRC

NCDRC

RP/345/2013

OMAXE LIMITED - Complainant(s)

Versus

SANJEEV GOEL & ANR. - Opp.Party(s)

MR. SHALABH SINGHAL

21 May 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 345 OF 2013
 
(Against the Order dated 15/01/2013 in Appeal No. 142/2011 of the State Commission Delhi)
WITH
IA/598/2013
1. OMAXE LIMITED
7, LOCAL SHOPPING CENTRE, KALKAJI
NEW DELHI - 110019
...........Petitioner(s)
Versus 
1. SANJEEV GOEL & ANR.
S/O SH.N.K GOEL. R/O J-287,SAKET
NEW DELHI
2. MRS.RITIKA GOEL, W/O MR SANJEEV GOEL.
R/O J-287, SAKET
NEW DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mr. Shalabh Singhal, Advocate
For the Respondent :
For the Respondent Nos. 1 &2 : Mr. Rohit P. Ranjan, Advocate and
Mr. Anil Kumar Singh, Advocate

Dated : 21 May 2013
ORDER

Learned counsel for the respondent has filed reply alongwith Vakalatnama. Heard learned counsel for the parties and perused record. Learned counsel for the parties apprised that petitioner has already filed written statement before the State Commission and has taken same objection. Learned State Commission vide impugned order, while dismissing the application, imposed costs of Rs. 10,000/- and directed the petitioner/OP to file written statement. On the suggestions of both the parties, we deem appropriate to partly allow this revision petition and set aside costs imposed by learned State Commission and direct learned State Commission to decide objection of petitioner/OP afresh as preliminary issue whether complainant falls within the purview of Consumer or not? Consequently, Revision Petition filed by petitioner is allowed and impugned order dated 15.01.2013 passed by learned State Commission is set aside and learned State Commission is directed to decide objection taken by petitioner as preliminary issue whether complainant falls within purview of Consumer or not? Parties are directed to appear before learned State Commission on the date 06.09.2013, already fixed.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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